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City smoking crackdown

12/08/2008 3:57:00 PM
VICTOR HARBOR - Smokers beware: the City of Victor Harbor may be about to make it even harder to get your nicotine fix in public.

The council decided on Monday night to give in principle support to a bid to give councils greater control of smoking in public areas.

It's encouraging the Local Government Association of SA to explore ways to extend the power of councils to control smoking in public places.

Alternatively, it will ask the state government to introduce smoking bans over land under the care and control of councils.

The move follows a letter from the City of Port Adelaide Enfield, seeking the support of the state's councils for a legislative change to allow councils to control smoking in all of their areas, including sporting clubs, reserves, playgrounds, footpaths, bus shelters and road areas.

Councils currently have the ability to control smoking on their own land such as parks, reserves, sports ovals and fields, playgrounds and beaches, but not road reserves and infrastructure associated with council land.

The city manager, Graeme Maxwell, acknowledged there were many issues that would need to be considered before introducing a smoking ban.

However, he believed it a "positive thing" to have the capacity to introduce such controls in an over-arching manner.

"Alternatively, the state government could continue to control smoking bans as they have done in the past - within hotels and restaurants - and in the same way as they apply restricted areas relating to alcohol consumption," Mr Maxwell said.

Currently the City of Victor Harbor only has smoking restrictions imposed inside its buildings and vehicles.

Legal advice to the City of Port Adelaide Enfield indicates that councils can introduce a no smoking by-law that could cover outdoor dining permits, sporting ovals, reserves, beaches and playgrounds, but not bus shelters and road reserves.

It can also attach no-smoking conditions on other leases over council-controlled property, including sporting clubrooms.

The legislative change would only pave the way to extend the control to footpaths, bus shelters and other road-related areas, including footpaths.

The responsibility for policing the areas would fall on the SA Police and officers appointed by the Minister for Mental Health and Substance Abuse, not council officers.

• What do you think?: Record your view on our internet poll on smoking at thetimes.yourguide.com.au.

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Q: Should the council have more power to ban smoking in public places?

Yes, it should be banned in all public areas
(38.7%)

No, there should not be any more smoking bans
(38.7%)

Yes, but only in some of the council properties
(16.1%)

Unsure
(6.5%)

Total Votes: 31
Poll Date: 12/08/2008

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